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  1. Privileged Citizens and the Right to Riot.Thomas Carnes - 2024 - Journal of Ethics and Social Philosophy 26 (3):633-640.
    Avia Pasternak’s account of permissible political rioting includes a constraint that insists only oppressed citizens, and not privileged citizens, are permitted to riot when rioting is justified. This discussion note argues that Pasternak’s account, with which I largely agree, should be expanded to admit the permissibility of privileged citizens rioting alongside and in solidarity with oppressed citizens. The permissibility of privileged citizens participating in riots when rioting is justified is grounded in the notions that it is sometimes necessary, in accordance (...)
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  2. Heckling, Free Speech, and Freedom of Association.Emily McTernan & Robert Mark Simpson - 2023 - Mind 133 (529):117-142.
    People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. But what can we say, then, (...)
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  3. Can Utilitarianism Ground Human Rights?Leslie Allan - manuscript
    Leslie Allan demonstrates how human rights are unproblematic for utilitarian moral theory and how, upon consideration, utilitarianism turns out to be the best theory for justifying human rights. Using case studies of historical and contemporary human rights conventions and recent psychological research, he argues how our concept of human rights is founded on the satisfaction of fundamental human needs and the consequences for human happiness.
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  4. The Theory and Practice of Self-Determination at the UN: Challenges for International Law, Prospects for Global Governance.Kiraan Chetty - 2023 - Global Studies Research Series 10:1-31.
    Whether as a rule, principle, ideal, or procedure, self-determination – however complicated – is here to stay. For it to remain politically viable, however, we need reexamine its ontology and teleology: its existence and function. As we leave the modern age in which it was molded, self-determination is confronted by challenges unique to our time. How we, in the 21st century, manage to keep alive and accommodate the concept will determine how the next stage in our global history unfolds. The (...)
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  5. Rights and Practical Reasoning: A Practical View on the Specificationism vs Generalism Debate.Cristián Rettig - 2023 - Journal of Value Inquiry 1 (1):1-15.
    In this paper, I argue that specificationism deprives rights of any significant role in practical reasoning before it arrives at a conclusion, while the generalist conception preserves the practical role we intuitively assign to rights in reasoning directed to action. Assuming that a conception of rights faithful to ordinary practical reasoning is preferable, this fact gives a strong reason to prefer generalism over specificationism, although not without qualification. To be satisfactory from the practical standpoint, any account of rights that adopts (...)
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  6. Proportionality Collapses: The Search for an Adequate Equation for Proportionality.Stephen Kershnar - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 397-418.
    In punishment, proportionality is the systematic mathematical relationship between the significance of the wrongdoing and the amount of punishment that may be imposed on the wrongdoer. In this chapter, Kershnar argues that there is no adequate equation for proportionality. The lack of an adequate equation rests on intuitions and the absence of a shared metric. If there is no equation for proportionality, then there is no proportionality. This is because if there is no equation for proportionality, then there is no (...)
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  7. The Nature of Rights and the History of Empire.Duncan Ivison - 2006 - In David Armitage (ed.), British Political Thought in History, Literature, and Theory 1500-1800. Cambridge University Press. pp. 91-2011.
    My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...)
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  8. Book Review: Wollstonecraft, Mill, and Women’s Human Rights, by Eileen Hunt Botting, Symposium on Botting’s Eileen Hunt Wollstonecraft, Mill, and Women’s Human Rights . 306 pp. [REVIEW]Ruth Abbey - 2018 - Political Theory 46 (3):426-454.
  9. What's the Point of Protest?Parry Jonathan - 2023 - Lse Philosophy Blog.
    Some thoughts on the value(s) of political protest, to mark the 20th anniversary of the 2003 anti-war demonstrations.
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  10. La démocratie et la sélection: tirage au sort, élections et l'égalité.Annabelle Lever - 2023 - In La démocratie; une idée force. Paris: Mare et Martin.
    Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...)
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  11. “Gandhi’s Encounter with the British Suffrage Movement: Lessons Learned".Gail M. Presbey - 2023 - In Veena Howard & Falon Kartch (eds.), Gandhi's Global Legacy: Moral Methods and Modern Challenges. Lanham, MD: Lexington Books / Rowman and Littlefield. pp. 87-106.
    Most accounts of the influences on Gandhi's philosophy and tactics of nonviolent action do not give enough credit to the role that women in the British suffrage movement played in inspiring and guiding him. The article explains how, despite his specifically mentioning on occasion that he is NOT copying their tactics, he actually does repeat many of them in his 1913 satyagraha campaign in South Africa. And on many occasions he does credit them with inspiring him and his movement. In (...)
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  12. Algorithms and the Individual in Criminal Law.Renée Jorgensen - 2022 - Canadian Journal of Philosophy 52 (1):1-17.
    Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...)
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  13. Social Justice and Inclusion: Transwomen in Female Sport.Miroslav Imbrisevic - forthcoming - In Transwomen in Sport.
    There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?
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  14. Liberalism and the Right to Strike.Stephen K. McLeod & Attila Tanyi - 2022 - Public Ethics Blog.
    Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.
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  15. Public Reason and Political Autonomy: Realizing the Ideal of a Civic People.Blain Neufeld - 2022 - London, UK: Routledge.
    This book advances a novel justification for the idea of "public reason": citizens within diverse societies can realize the ideal of shared political autonomy, despite their adherence to different religious and philosophical views, by deciding fundamental political questions with "public reasons." Public reasons draw upon or are derived from ecumenical political ideas, such as toleration and equal citizenship, and mutually acceptable forms of reasoning, like those of the sciences. This book explains that if citizens share equal political autonomy—and thereby constitute (...)
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  16. The ballot and the wallet: Self-respect and the fair value of political liberties.Jahel Queralt & Iñigo González-Ricoy - 2020 - European Journal of Philosophy 29 (2):410-424.
    Economic disparities often translate into disparities in political influence, rendering political liberties less worthy to poor citizens than to wealthier ones. Concerned with this, Rawls advocated that a guarantee of the fair value of political liberties be included in the first principle of justice as fairness, with significant regulatory and distributive implications. He nonetheless supplied little examination of the content and grounding of such guarantee, which we here offer. After examining three uncompelling arguments in its favor, we complete a more (...)
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  17. Democracy and territory. A necessary link?Anna Meine - 2021 - Critical Review of International Social and Political Philosophy 24 (6):797-820.
    Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...)
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  18. Species-being for whom? The five faces of interspecies oppression.Mathieu Dubeau - 2020 - Contemporary Political Theory 19 (4):596-620.
    There is now an awakening to and recognition of the emotionally complex lives of some non-human animals. While their forms of consciousness may vary, some are indeed conscious and deserve political consideration. What that political consideration ought to be is the central topic of this article. First, I argue that interspecies justice must be understood in terms of the relationships that foster individual flourishing of all concerned. The obstacles to such flourishing are the five faces of oppression famously identified by (...)
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  19. A Sense of Proportion: Some Thoughts on Equality, Security and Justice.Annabelle Lever - 2020 - Res Publica 26 (3):357-371.
    This article develops an intuitive idea of proportionality as a placeholder for a substantive conception of equality, and contrasts it with Ripstein’s ideas, as presented in an annual guest lecture to the Society of Applied Philosophy in 2016. It uses a discussion of racial profiling to illustrate the conceptual and normative differences between the two. The brief conclusion spells out my concern that talk of ‘proportionality’, though often helpful and, sometimes, necessary for moral reasoning, can end up concealing, rather than (...)
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  20. Flow My Tears, Rick Deckard Said.M. Blake Wilson - 2019 - In Robin Bunce & Trip McCrossin (eds.), Blade Runner 2049 and Philosophy. Chicago: Open Court. pp. 103-110.
  21. Civil Rights and Economic Democracy.Gary Chartier - 2001 - Washburn Law Journal 40:267-87.
    Suggests that there is an integral relationship between support for civil rights and support for a cluster of practices that might be characterized under the heading off "economic democracy." These include participatory workplace governance schemes and basic income schemes as alternatives to conventional income support programs.
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  22. Reflections on Brown vs. Board of Education and School Integration Today.Lawrence Blum - 2019 - The Harvard Review of Philosophy 26:37-57.
    The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...)
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  23. Cultural Appropriation and the Limits of Identity: A Case for Multiple Humanity(es).Michael Onyebuchi Eze - 2018 - Chiedza 20 (1):8-31.
    examine the dominant conversations on cultural appropriation. The first part of the essay will examine the ideological configuration of what constitutes cultural appropriation (hereafter as CA) first, as the politics of the diaspora and second, within a normative understanding of culture and its diachronic contradictions. This will be followed by a critical reevaluation of our subject theme as primarily a discourse of power with multiple implications. Framed as a discourse of power, CA is equally exposed to ideological distortions, and its (...)
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  24. Equality Before the Law: A Substantive Constitutional Principle.Michael P. Foran - 2020 - Public Law 2:287-306.
    The principle of equality before the law is often characterized as procedural or formal in nature. Recent scholarship has offered a more nuanced representation of this critique, maintaining that the principle is procedural in nature but emphasizing its instrumental value. This paper challenges that characterization, arguing that equality before the law is best interpreted as a foundational constitutional principle which manifests substantive restrictions on the content of legal rules. Equality before the law, as an independent constitutional principle, should not be (...)
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  25. Foucault, democracy and the ambivalence of rights.Guy Aitchison - 2017 - Critical Review of International Social and Political Philosophy:1-17.
  26. Accessing Citizenship.Anna Björk - 2014 - Contributions to the History of Concepts 9 (1):74-87.
    This article deals explicitly with the dimension of access in the concept of citizenship and is discussed from the point of view of migration. Access is analyzed in the context of the reform of German citizenship laws in 1999. The state of Hesse is singled out to be used as an example of parliamentary debate on the concepts of citizenship and integration. The point is to explicate the interrelations of the federal legislative reform and the conceptual implications thereof, using Hesse (...)
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  27. Feminism, democracy and the right to privacy.Annabelle Lever - 2005 - Minerva - An Internet Journal of Philosophy 9 (1).
    This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...)
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  28. Philosophical Justifications for Indigenous Rights.Paul Patton - 2016 - Handbook of Indigenous People's Rights.
    This chapter surveys attempts to provide liberal justification for specific rights available to Indigenous citizens of democratic societies. The most important of these, by Will Kymlicka, relied on the equal right of all citizens to the good of cultural membership to argue for specific rights to protect minority cultures. After noting that Rawls’s political liberalism offers other resources to argue for specific constitutional or legal rights for colonised Indigenous citizens, the chapter turns to consider James Tully’s argument for an inter-cultural (...)
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  29. Dementia Care Work Situated Between Professional and Regulatory Codes of Ethics.Kjetil Lundberg - 2018 - Ethics and Social Welfare 12 (2):133-146.
  30. Why the voting age should be lowered to 16.Tommy Peto - 2018 - Politics, Philosophy and Economics 17 (3):277-297.
    This article examines whether the voting age should be lowered to 16. The dominant view in the literature is that 16-year-olds in the United Kingdom are not politically mature enough to vote since they lack political knowledge, political interest and stable political preferences. I reject this conclusion and instead argue that the voting age should be lowered to 16. First, I look at Chan and Clayton’s empirical claims and show that these features of 16- and 17-year-olds are in fact created (...)
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  31. Book Review: Breaking Democracy’s Spell, by John DunnBreaking Democracy’s Spell, by DunnJohn. New Haven, CT: Yale University Press, 2014. [REVIEW]Jeffrey Green - 2018 - Political Theory 46 (1):155-160.
  32. Undocumented Migrants.Monika Krause - 2008 - European Journal of Political Theory 7 (3):331-348.
    The number of people without rights of residence or work in the territory of Western Europe's nation states is growing. In official representations of political life this group is commonly 'symbolically eliminated' or taken up by an increasingly hostile discourse on 'illegal immigrants' and 'international terrorism'. This article explores what a rereading of the work of Hannah Arendt can contribute to the analytical task of giving an alternative meaning to the presence of this group. Arendt opens up new ways of (...)
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  33. Claiming Citizenship Rights in Europe: Emerging Challenges and Political Agents.Daniele Archibugi & Ali Emre Benli (eds.) - 2017 - London, UK: Routledge.
    While the European integration project is facing new challenges, abandonments and criticism, it is often forgotten that there are powerful legal instruments that allow citizens to protect and extend their rights. These instruments and the actions taken to activate them are often overlooked and deliberately ignored in the mainstream debates. -/- This book presents a selection of cases in which legal institutions, social movements, avant-gardes and minorities have tried, and often succeeded, to enhance the current state of human rights through (...)
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  34. An Epistemic Justification for the Obligation to Vote.Julia Maskivker - 2016 - Critical Review: A Journal of Politics and Society 28 (2):224-247.
    ABSTRACTReceived wisdom in most democracies is that voting should be seen as a political freedom that citizens have a right to exercise at their discretion. But I propose that we have a duty to vote, albeit a duty to vote well: with knowledge and a sense of impartiality. Fulfillment of this obligation would contribute to the epistemic advantages of democracy, and would thereby instantiate the duty to promote and support just institutions.
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  35. Rights, citizenship and political struggle.Guy Aitchison - 2018 - European Journal of Political Theory 17 (1):1474885115578052.
    This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to voting, parties and parliamentary (...)
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  36. I- The Lonely Heart Breaks: On the Right to Be a Social Contributor.Kimberley Brownlee - 2016 - Aristotelian Society Supplementary Volume 90 (1):27-48.
    This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which we (...)
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  37. Realizing the Power of Socioeconomic Human Rights.Martin Gunderson - 2017 - Social Philosophy Today 33:115-130.
    Human rights are high priority norms that empower right holders to demand the benefits protected by their rights. This is no less true of socioeconomic human rights than civil and political human rights. I argue that realizing human socioeconomic rights requires that they be enacted into state law in such a way that individual right holders have the power to bring legal action in defense of their rights. Contrary to Thomas Pogge, it is not enough for states simply to provide (...)
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  38. The ethics of immigration.Paulina Ochoa Espejo - 2017 - Contemporary Political Theory 16 (1):151-154.
  39. Dispositional neutrality and minority rights.Kasper Lippert-Rasmussen - 2017 - Critical Review of International Social and Political Philosophy 20 (1):49-62.
  40. Women's Voices, Women's Rights: Oxford Amnesty Lectures 1996.Amy R. Baehr - 2002 - Hypatia 17 (1):197-200.
  41. The Philosophy of Civil Rights.Joseph V. Trunk - 1939 - Proceedings of the American Catholic Philosophical Association 15:21-35.
  42. Black and White Together: A Reconsideration: W. B. ALLEN.W. B. Allen - 1991 - Social Philosophy and Policy 8 (2):172-195.
    Principled discussions of civil rights became inherently less likely as a direct result of the observation by Earl Warren, in Brown v. Board of Education, that, respecting freedmen, “Education of Negroes was almost non-existent, and practically all of the race were illiterate,” and in proportion as that observation increasingly became the foundation of common opinion on the subject. Warren's observation was not true in any meaningful or non-trivial sense. Nevertheless, it served to perpetuate the myth of a backward people needing (...)
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  43. Do Wedding Dresses Come in Lavender?Angela Bolte - 1998 - Social Theory and Practice 24 (1):111-131.
  44. The Human Rights After the Spanish Civil War.Adolfo Jorge Sánchez Hidalgo - 2014 - Archiv für Rechts- und Sozialphilosophie 100 (3):379-395.
    The aim of this study is to characterize the weak discussion about the Human Rights in Franco’s time, not in general, but by testing Vallet de Goytisolo’s works. This author is deeply influenced by the lectures of M. Villey, Parisinian philosopher well-known by his denial of Human Rights. A comparative study of these authors will be done focusing on two - faced aspects : the strength and fragility of their doctrines. Both authors are defined as supporters of the Methodical Realism (...)
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  45. Introduction.Barbara E. Wall - 2006 - Journal of Catholic Social Thought 3 (2):225-229.
  46. Building a New Social Contract at Work.Thomas A. Kochan - 2012 - Journal of Catholic Social Thought 9 (1):7-22.
  47. Trans-marriage and the Unacceptability of Same-sex Marriage Restrictions.Loren Cannon - 2009 - Social Philosophy Today 25:75-89.
    This essay analyzes the coherency and reasonableness of legal restrictions against same-sex marriage. The population of focus is transgender individuals and their partners. Focusing on trans-marriage makes clear that the restriction of marriage to one man and one woman is misguided in that the law rests on the assumption that the categories of sex and gender comprise two disjoint, exhaustive, and unambiguous groupings. The primary argument here is not that the restrictions of same-sex marriage are harmful to certain transpersons who (...)
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  48. Crossing the Divide.Kyle Thomsen - 2013 - Social Philosophy Today 29:21-31.
    In this article I assert that deliberative democratic theory, as articulated by Jürgen Habermas and Seyla Benhabib, explicitly fails to live up the demands of its discourse-ethical foundation when we examine undocumented immigrants who live in any given nation. In the case of undocumented immigrants, there is a gap which exists between a moral imperative to include those affected by a norm in discourse, and legal structures which actualize this imperative. I offer the following account in an effort to show (...)
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  49. Hobbes on Property and Revolution.Matthew Silliman - 1990 - Social Philosophy Today 3:399-410.
  50. Chapter Five: The Constitutionalization of Individual Rights in Canada: A Case Study in the 'Dynamic' of Legal Rationalization.Cary Boucock - 2000 - In In the Grip of Freedom: Law and Modernity in Max Weber. University of Toronto Press. pp. 131-155.
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